California

Introduction

The following protection of conscience provisions are found in the
California statute that legalizes assisted suicide.

Assembly Bill No.
15

CHAPTER 1

An act to add and repeal Part 1.85 (commencing with
Section 443) of Division 1 of the Health and Safety Code,
relating to end of life.

[Approved by Governor October 05, 2015.
Filed with Secretary of State October 05, 2015.
]

443.14.

(b) A health care provider or professional organization
or association shall not subject an individual to
censure, discipline, suspension, loss of license, loss
of privileges, loss of membership, or other penalty for
participating in good faith compliance with this part or
for refusing to participate in accordance with
subdivision (e).

(e) (1) Participation in activities authorized pursuant
to this part shall be voluntary. Notwithstanding
Sections 442 to 442.7, inclusive, a person or entity
that elects, for reasons of conscience, morality, or
ethics, not to engage in activities authorized pursuant
to this part is not required to take any action in
support of an individual's decision under this part.

(2) Notwithstanding any other law, a health care
provider is not subject to civil, criminal,
administrative, disciplinary, employment, credentialing,
professional discipline, contractual liability, or
medical staff action, sanction, or penalty or other
liability for refusing to participate in activities
authorized under this part, including, but not limited
to, refusing to inform a patient regarding his or her
rights under this part, and not referring an individual
to a physician who participates in activities authorized
under this part.

(3) If a health care provider is unable or unwilling to
carry out a qualified individual's request under this
part and the qualified individual transfers care to a
new health care provider, the individual may request a
copy of his or her medical records pursuant to law.

443.15.

(a) Subject to subdivision (b), notwithstanding any
other law, a health care provider may prohibit its
employees, independent contractors, or other persons or
entities, including other health care providers, from
participating in activities under this part while on
premises owned or under the management or direct control
of that prohibiting health care provider or while acting
within the course and scope of any employment by, or
contract with, the prohibiting health care provider.

(b) A health care provider that elects to prohibit its
employees, independent contractors, or other persons or
entities, including health care providers, from
participating in activities under this part, as
described in subdivision (a), shall first give notice of
the policy prohibiting participation under this part to
the individual or entity. A health care provider that
fails to provide notice to an individual or entity in
compliance with this subdivision shall not be entitled
to enforce such a policy against that individual or
entity.

(c) Subject to compliance with subdivision (b), the
prohibiting health care provider may take action,
including, but not limited to, the following, as
applicable, against any individual or entity that
violates this policy:

(1) Loss of privileges, loss of membership, or other
action authorized by the bylaws or rules and regulations
of the medical staff.

(2) Suspension, loss of employment, or other action
authorized by the policies and practices of the
prohibiting health care provider.

(3) Termination of any lease or other contract between
the prohibiting health care provider and the individual
or entity that violates the policy.

(4) Imposition of any other nonmonetary remedy provided
for in any lease or contract between the prohibiting
health care provider and the individual or entity in
violation of the policy.

(d) Nothing in this section shall be construed to
prevent, or to allow a prohibiting health care provider
to prohibit, any other health care provider, employee,
independent contractor, or other person or entity from
any of the following:

(1) Participating, or entering into an agreement to
participate, in activities under this part, while on
premises that are not owned or under the management or
direct control of the prohibiting provider or while
acting outside the course and scope of the participant's
duties as an employee of, or an independent contractor
for, the prohibiting health care provider.

(2) Participating, or entering into an agreement to
participate, in activities under this part as an
attending physician or consulting physician while on
premises that are not owned or under the management or
direct control of the prohibiting provider.

(e) In taking actions pursuant to subdivision (c), a
health care provider shall comply with all procedures
required by law, its own policies or procedures, and any
contract with the individual or entity in violation of
the policy, as applicable.

(f) For purposes of this section:

(1) "Notice" means a separate statement in writing
advising of the prohibiting health care provider policy
with respect to participating in activities under this
part.

(2) "Participating, or entering into an agreement to
participate, in activities under this part" means doing
or entering into an agreement to do any one or more of
the following:

(A) Performing the duties of an attending physician as
specified in Section 443.5.

(B) Performing the duties of a consulting physician as
specified in Section 443.6.

(C) Performing the duties of a mental health specialist,
in the circumstance that a referral to one is made.

(E) Being present when the qualified individual takes
the aid-in-dying drug prescribed pursuant to this part.

(3) "Participating, or entering into an agreement to
participate, in activities under this part" does not
include doing, or entering into an agreement to do, any
of the following:

(A) Diagnosing whether a patient has a terminal disease,
informing the patient of the medical prognosis, or
determining whether a patient has the capacity to make
decisions.

(B) Providing information to a patient about this part.

(C) Providing a patient, upon the patient's request,
with a referral to another health care provider for the
purposes of participating in the activities authorized
by this part.

(g) Any action taken by a prohibiting provider pursuant
to this section shall not be reportable under Sections
800 to 809.9, inclusive, of the Business and Professions
Code. The fact that a health care provider participates
in activities under this part shall not be the sole
basis for a complaint or report by another health care
provider of unprofessional or dishonorable conduct under
Sections 800 to 809.9, inclusive, of the Business and
Professions Code.

(h) Nothing in this part shall prevent a health care
provider from providing an individual with health care
services that do not constitute participation in this
part.

443.16.

(a) A health care provider may not be sanctioned for
any of the following:

(1) Making an initial determination pursuant to the
standard of care that an individual has a terminal
disease and informing him or her of the medical
prognosis.

(2) Providing information about the End of Life Option
Act to a patient upon the request of the individual.

(3) Providing an individual, upon request, with a
referral to another physician.

(b) A health care provider that prohibits activities
under this part in accordance with Section 443.15 shall
not sanction an individual health care provider for
contracting with a qualified individual to engage in
activities authorized by this part if the individual
health care provider is acting outside of the course and
scope of his or her capacity as an employee or
independent contractor of the prohibiting health care
provider.

(c) Notwithstanding any contrary provision in this
section, the immunities and prohibitions on sanctions of
a health care provider are solely reserved for actions
of a health care provider taken pursuant to this part.
Notwithstanding any contrary provision in this part,
health care providers may be sanctioned by their
licensing board or agency for conduct and actions
constituting unprofessional conduct, including failure
to comply in good faith with this part.